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08

feb
2013

In Commentary

By - C.J.J. Visser

Matchfixing in the Netherlands

On 08, Feb 2013 | In Comment | By - C.J.J. Visser

For some time now matchfixing has been a hot topic. Matchfixing is - in short - the manipulation of sports matches for the benefit of people who gamble on these matches. The fixer is the one who bribes those players so that the result is favourable for the gambler. Think of intentional losses, a goalkeeper deliberately passing a goal, but also giving away a corner or committing a foul that results in a yellow card. Of course it also happens that referees are bribed.

There is hardly any case law on matchfixing in the Netherlands. No people have been prosecuted for matchfixing in recent years. The question is whether matchfixing is punishable in the Netherlands. And if so, on what basis.

 

There is no separate law in the Netherlands that criminalises matchfixing, as is the case in Italy and Portugal. Also, there are no separate articles in the Dutch Penal Code relating to matchfixing as in Bulgaria and Spain.

In the Netherlands matchfixing falls under 'fraud' (art. 326 of the Criminal Code). Fraud requires intent. A player suspected of cheating may in many cases argue that he shot the ball without intent behind his own goalkeeper. A player suspected of scams may in many cases claim that he shot the ball without intent behind his own goalkeeper. Fixers too will find it difficult to prove cases against them. In the latter case, that's more in the way of evidence. A fixer will generally leave few traces. Conversations with players or referees will be conducted verbally and one-on-one. Cash flows will be cash and therefore difficult to trace.

 

A player or umpire taking money from a fixer could also be punishable by 'bribery of anyone other than an official' (Article 328ter Sr). This offence is generally easier to prove. A suspect is already punishable if he accepts money for work in employment and hides this from his employer in violation of good faith. A bribed player will generally not report this to his club and is therefore guilty of bribery. This means that an inexplicable flow of money in the direction of a player or referee may already be sufficient. However, cash flows are often difficult to prove.

 

Recently, Europol reported that five Dutch nationals would be involved in matchfixing. The question is whether this will lead to lawsuits in the Netherlands.

 

Suspected of match fixing?

Christian Visser is a criminal lawyer with expertise in football cases. Please contact us for assistance or advice if you or anyone in your area is suspected of match fixing.

4.5/5 - (6 votes)

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